AUGUSTA – Two bills that protect Maine tenants from unfair evictions recently became law. LD 45, “An Act to Prevent Retaliatory Evictions,” sponsored by Sen. Anne Carney, D-Cape Elizabeth, was signed into law by Gov. Janet Mills, and LD 330, “An Act Regarding Legal Representation for Residents Facing Eviction,” sponsored by Sen. Mike Tipping, D-Orono, became law without the governor’s signature.
“No one should be forced out of their home simply because they’ve pointed out illegal actions by a landlord, such as raising rent without giving a tenant advance notice. This new law provides important remedies to ensure tenants’ rights are fully respected,” said Sen. Carney. “I’m grateful to Gov. Mills for signing this bill into law.”
“Mainers deserve equal protections under the law, and equal access to justice, regardless of how much money they make. This is especially important when they’re at risk of losing stable housing,” said Sen. Tipping. “This bill will help make sure Mainers get the legal representation they need and deserve. I’m proud to see it become law.”
Maine’s landlord-tenant laws already protect against retaliation in a few specific instances, according to the Senate Majority Office. LD 45 will add to Maine’s existing legal protections a remedy for tenants who are evicted because they complain that a landlord has raised rent in violation of Maine’s 45-day notice law or are evicted for opposing a rent increase when the condition of a dwelling is so poor that it fails to meet standards of habitability. Due to the current housing storage, tenants are vulnerable to retaliation in these situations.
Across Maine and the country, tenants are facing unsustainable rent hikes. In 2022, tenants at Redbank Village in South Portland, which is part of Sen. Carney’s Senate District, faced rent increases of $600 per month, spiking for $1500 to $2100, after California-based property management company JRK Property Holdings took over the complex. Recent data show evictions in Maine increased 27 percent between 2022 and 2021.
LD 330 will make sure that tenants facing eviction are given information about what to expect from legal proceedings, as well as a list of resources, including rental assistance programs and legal assistance organizations. In some cases, tenants would be provided more time to contact and consult with a lawyer from an organization like Legal Services for the Elderly or Pine Tree Legal Assistance before they go to court. Additionally, judges would announce at the beginning of eviction hearings if a “lawyer of the day” is available for pro-bono consultation. The bill would go into effect Jan. 1, 2024.
A recent study of eviction cases in Maine found that legal representation for tenants can make a significant difference: Those that do get legal help are 80% more likely not to be evicted; they may instead go to mediation, work out a payment plan for back rent or agree on a timeline to find new housing. In Penobscot County, only about 13% of tenants have legal representation when facing eviction, compared with 81% of landlords.
Pine Tree Legal and Maine Equal Justice testified in favor of both bills.
LD 45 and LD 330 will go into effect 90 days after the Legislature adjourns sine die.
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